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March 24, 1999

CLA-2-58:RR:NC:TA:351: D89638

CATEGORY: CLASSIFICATION

TARIFF NO.: 5810.92.9080

Mr. James V. Maddux
O’Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, Missouri 64108

RE: The tariff classification of embroidered fabric from Korea.

Dear Mr. Maddux:

In your letter dated March 18, 1999, you requested a tariff classification ruling on behalf of Fabri-Quilt, Inc..

The fabric is stated to be 97 percent polyester and 3 percent polyurethane. You state that it is a woven dyed fabric, weighing 258 grams per square meter, with an average yarn number of 38.76 and imported in 54 inch wide rolls of 60 to 80 yards in length. Because the fabric is a blend of fibers, we assume the fabric to be woven of staple fiber yarns. The fabric is embroidered with a design of flowers rendered in metallic and satin-like embroidery threads. Although you do not state it, it is assumed that the fabric was woven as well as embroidered in Korea. A sample was submitted.

The applicable subheading for the embroidered fabric will be 5810.92.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, other embroidery, of man-made fibers, other, other, other. The rate of duty will be 15.3 percent ad valorem. (Additional U.S. note 3 to chapter 58 noted.)

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Camille Ferraro at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 5810.92.90 - Embroidery in the piece or in strips (excluding badges, emblems and motifs), of man-made fibers, other than without visible ground